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Case 2:05-cv-01868-FCD-CMK

Document 4

Filed 09/22/2005

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IN THE UNITED STATES DISTRICT COURT

 

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Tuanja Edward Anderson

 

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Plaintiff,

No. CIV S-05-1868 FCD CMK P

 

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vs.

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Dr. Jacques C. Hirschler, et al.,

 

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Defendants.

ORDER

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Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42

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U.S.C. § 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.

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This proceeding was referred to this court by Local Rule 72-302 pursuant to 28 U.S.C.

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§ 636(b)(1).

 

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Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C.

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§ 1915(a). Accordingly, the request to proceed in forma pauperis will be granted.

 

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Plaintiff is required to pay the statutory filing fee of $250.00 for this action. 28

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U.S.C. § 1914(a), 1915(b)(1). Plaintiff has been without funds for six months and is currently

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without funds. Accordingly, the court will not assess an initial partial filing fee. 28 U.S.C.

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1915(b)(1). Plaintiff is obligated to make monthly payments of twenty percent of the preceding

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month’s income credited to plaintiff’s prison trust account. These payments shall be collected

 

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Case 2:05-cv-01868-FCD-CMK

Document 4

Filed 09/22/2005

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and forwarded by the appropriate agency to the Clerk of the Court each time the amount in

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plaintiff’s account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C.

 

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§ 1915(b)(2).

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The complaint states a cognizable claim for relief pursuant to 42 U.S.C. § 1983

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and 28 U.S.C. § 1915A(b). If the allegations of the complaint are proven, plaintiff has a

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reasonable opportunity to prevail on the merits of this action.

 

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff's request for leave to proceed in forma pauperis is granted.

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2. Plaintiff is obligated to pay the statutory filing fee of $250.00 for this action.

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The fee shall be collected and paid in accordance with this court’s order to the Director of the

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California Department of Corrections filed concurrently herewith.

 

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3.

Service is appropriate for the following defendants: Jacques C. Hirschler, Dr.

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Michael D. Fox and Dr. S.L. Palagummi.

 

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4.

The Clerk of the Court shall send plaintiff three USM-285 forms, one

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summons, an instruction sheet and a copy of the complaint filed September 16, 2005.

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Within thirty days from the date of this order, plaintiff shall complete the

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attached Notice of Submission of Documents and submit the following documents to the court:

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a. The completed Notice of Submission of Documents;

 

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b. One completed summons;

 

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c. One completed USM-285 form for each defendant listed in number 3

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above; and

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Four copies of the endorsed complaint filed September 16, 2005.

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Case 2:05-cv-01868-FCD-CMK

Document 4

Filed 09/22/2005

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6. Plaintiff need not attempt service on defendants and need not request waiver of

service. Upon receipt of the above-described documents, the court will direct the United States

Marshal to serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4

without payment of costs.

DATED:

September 21, 2005.

Civil Procedure 4 without payment of costs. DATED: September 21, 2005. CRAIG M. KELLISON UNITED STATES

CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE

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Case 2:05-cv-01868-FCD-CMK Document 4 Filed 09/22/2005 Page 4 of 4 1 2 3 4 5
Case 2:05-cv-01868-FCD-CMK
Document 4
Filed 09/22/2005
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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Plaintiff,
No. CIV
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vs.
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Defendants.
NOTICE OF SUBMISSION
OF DOCUMENTS
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order filed
Plaintiff hereby submits the following documents in compliance with the court's
:
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completed summons form
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completed USM-285 forms
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copies of the Complaint/Amended Complaint
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DATED:
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Plaintiff
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